Avi K,
“Avram, so what is your method? Any human system is flawed by definition.”
Here I’m going to sound a lot like ubiquitin: ideally capital punishment should be enforced with a Sanhedrin and righteous Jewish king in place. I do not know at what point between the current American criminal justice system and that ideal I would flip my view on the death penalty. Honestly I’m uncomfortable with it while Jews are in golus. Now why do I allow myself that “out” while disagreeing with ubiquitin’s application? Because to me, the risk of executing someone not guilty outweighs the benefits of the death penalty as it is applied in the U.S. By abortion, the risk of an optional but halachically allowed abortion being stayed (which I think would be quite rare, but ubiquitin disagrees) does not outweigh the benefit of protecting the unborn babies.
“However, it is necessary to have some system (see Ran, Derash 11). It should, of course, be tweaked as much as possible but there must be a system.”
There is a system. The question is, what part does the death penalty play in the U.S. system? To underscore the severity of sinning? Nope. To act as a deterrent? It’s quite bad at that too.
“Would you also oppose the death penalty for obviously guilty criminals like the Pittsburgh shooter”
Of course I think he’s deserving of death. You’re confusing the nature of my position. I’ll ask you: what about Leo Frank and Ethel Rosenberg?